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ARIZONA DIVORCE / FAMILY LAWS


NOTE: These pages are no longer being updated.
For the latest Arizona Laws, visit AZ State Legislature - Title 25 - Marital and Domestic Relations

 

25-313 . Decree of legal separation; findings necessary

A. The court shall enter a decree of legal separation if it finds each of the following:

1. That one of the parties at the time the action commenced was domiciled in this state or was stationed in this state while a member of the armed services.

2. The conciliation provisions of section 25-381.09 and the provisions of article 5 of this chapter either do not apply or have been met.

3. The marriage is irretrievably broken or one or both of the parties desire to live separate and apart.

4. The other party does not object to a decree of legal separation. If the other party objects to a decree of legal separation, the court shall upon one of the parties meeting the required domicile for dissolution of marriage direct that the pleadings be amended to seek a dissolution of the marriage.

5. To the extent it has jurisdiction to do so, the court has considered, approved or made provisions for child custody, the support of any natural or adopted child common to the parties of the marriage entitled to support, the maintenance of either spouse and the disposition of the property.

B. The court shall order that the community property rights and liabilities acquired by marriage terminate as to all property, income and liabilities received or incurred after the entry of a decree of legal separation, unless both parties agree to the contrary.